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The Ministry of Internal Affairs proposes to confiscate property for drugs10/25/2006
Yesterday, Deputy Head of the Investigative Committee (IC) of the Ministry of Internal Affairs of the Russian Federation Yuri Alekseyev proposed to restore the institution of confiscation of property for illegal drug trafficking. According to Mr. Alekseyev, the IC has prepared eight amendments to the criminal procedure norms, which provide for tougher sanctions under anti-drug articles. The initiative of the Ministry of Internal Affairs was criticized by State Duma deputies and human rights activists, who believe that the Ministry of Internal Affairs is seeking tougher sanctions in order to improve indicators and preserve budget funding.
The initiative of the Deputy Head of the Investigative Committee of the Ministry of Internal Affairs of the Russian Federation Yuri Alekseyev, who proposed to restore the institution of confiscation of property for crimes in the sphere of illegal drug trafficking, was commented on yesterday by his subordinate, the head of the Investigative Committee department Viktor Panfilov. At a press conference in Moscow, he stated that in addition to confiscation of property, the Ministry of Internal Affairs also proposes to introduce the concept of multiples for especially large quantities of narcotic substances. "Today, the seizure of wholesale lots of drugs up to 100 kg, as well as several grams of drugs, entails the same sanctions," said Mr. Panfilov and emphasized that the law does not differentiate responsibility for the sale of drugs in educational institutions, correctional labor and other institutions.
According to statistics from the Investigative Committee of the Ministry of Internal Affairs, over 162 thousand crimes related to drug trafficking were detected in the first ten months of 2005. According to data from January 1, 2006, 343 thousand Russian citizens were diagnosed with drug addiction, while, according to expert estimates, 6 million people in the country use drugs. The Ministry of Internal Affairs admits that the Central Asian direction of drug trafficking is not the main one; the most common cheap synthetic drugs come to Russia from Europe.
Meanwhile, independent experts believe that compared to the 1990s, drug addiction is currently objectively decreasing in Russia. "Even the Federal Drug Control Service notes that heroin addiction is not growing, and opiates are no longer in fashion," human rights activist Lev Levinson told Kommersant. "The scope of activity of law enforcement agencies engaged in combating illegal drug trafficking is shrinking, and the Ministry of Internal Affairs is forced to share it with the Federal Drug Control Service." According to Lev Levinson, the desire to tighten sanctions is clearly of departmental interest: the Ministry of Internal Affairs and the Federal Drug Control Service need to increase their indicators, and it is important for these agencies to retain budget funding. "There is an opinion that the Federal Drug Control Service is not needed at all. Each of the more than 40,000 employees of this agency deals with 1.5-2 criminal cases per year. Most cases do not need to be investigated, but simply recorded," Mr. Levinson asserts.
According to the human rights activist, the trend associated with the liberalization of anti-drug legislation began to weaken in 2005. The number of criminal cases related to drugs increased by 70%. "In 2004, the Criminal Code introduced the concept of an average single dose. For example, 1 g of heroin or 2 g of marijuana was considered such," Mr. Levinson continues. "But this year, the average single dose was lowered again: now it is 0.5 g of heroin." As for the restoration of the institution of property confiscation and toughening of sanctions under anti-drug articles, according to Mr. Levinson, "the potential for toughening sanctions has been exhausted."
“We need to think about how to further differentiate responsibility, how to raise the quantitative threshold for criminal prosecution, especially where it is not related to the sale of drugs. In any case, the transfer or even sale of one or two doses by one drug addict to another should not be punished, “- says Mr. Levinson. “It would be possible to really tighten responsibility, for example, for the sale of drugs with the aim of involving minors, but under anti-drug articles the sanctions have nowhere to go further.”
"A civilized confiscation of property is possible if we are talking about drug trafficking, their production, and the profits that were received from drug trafficking, when this is proven in court," Pavel Krasheninnikov, Chairman of the State Duma Committee on Legislation, told Kommersant. "If we are talking about Soviet confiscation, then it is very corrupt in itself and can be used in unfair competition." Mr. Krasheninnikov hopes that, in proposing to amend the legislation, "the Investigative Committee will not promote amendments that contribute to the growth of corruption." "These should be proposals that are aimed at combating illegal drug trafficking. But in any case, when these bills come to our committee, I will be categorically against them," the head of the committee said.
Mr. Krasheninnikov's position on toughening punishment under "anti-drug" articles is shared by the United Russia faction. As one of its members, who did not wish to give his name, told Kommersant, this position was developed back in early 2005, when the State Duma approved amendments to the Criminal Code and the Criminal Procedure Code, providing for the confiscation of property in relation to persons engaged in terrorist activities and laundering illegally earned money. "An exception was made, but now our position will not be revised," said Kommersant's source. "Confiscation of property contradicts many norms of Russian legislation, including the Civil Code, infringing on the rights of family members of convicted persons."
According to statistics from the Investigative Committee of the Ministry of Internal Affairs, over 162 thousand crimes related to drug trafficking were detected in the first ten months of 2005. According to data from January 1, 2006, 343 thousand Russian citizens were diagnosed with drug addiction, while, according to expert estimates, 6 million people in the country use drugs. The Ministry of Internal Affairs admits that the Central Asian direction of drug trafficking is not the main one; the most common cheap synthetic drugs come to Russia from Europe.
Meanwhile, independent experts believe that compared to the 1990s, drug addiction is currently objectively decreasing in Russia. "Even the Federal Drug Control Service notes that heroin addiction is not growing, and opiates are no longer in fashion," human rights activist Lev Levinson told Kommersant. "The scope of activity of law enforcement agencies engaged in combating illegal drug trafficking is shrinking, and the Ministry of Internal Affairs is forced to share it with the Federal Drug Control Service." According to Lev Levinson, the desire to tighten sanctions is clearly of departmental interest: the Ministry of Internal Affairs and the Federal Drug Control Service need to increase their indicators, and it is important for these agencies to retain budget funding. "There is an opinion that the Federal Drug Control Service is not needed at all. Each of the more than 40,000 employees of this agency deals with 1.5-2 criminal cases per year. Most cases do not need to be investigated, but simply recorded," Mr. Levinson asserts.
According to the human rights activist, in 2005 the trend associated with the liberalization of anti-drug legislation began to weaken. The number of criminal cases related to drugs has increased by 70%. “In 2004, the concept of an average single dose appeared in the Criminal Code. This was considered, for example, 1 g of heroin or 2 g of marijuana,” continues Mr. Levinson. “But this year the average single dose was reduced again: now it is 0.5 g of heroin ". As for the restoration of the institution of confiscation of property and tightening of sanctions under anti-drug articles, then, according to Mr. Levinson, “the potential for tightening sanctions has been exhausted.”
"We need to think about how to differentiate responsibility further, how to raise the quantitative threshold for criminal liability, especially where it is not related to drug trafficking. In any case, the transfer or even sale of one or two doses by one drug addict to another should not be punished," says Mr. Levinson. "It would be possible to really tighten the liability, for example, for drug trafficking with the purpose of involving minors, but under anti-drug articles, sanctions have nowhere to go."
"A civilized confiscation of property is possible if we are talking about drug trafficking, their production, and the profits that were received from drug trafficking, when this is proven in court," Pavel Krasheninnikov, Chairman of the State Duma Committee on Legislation, told Kommersant. "If we are talking about Soviet confiscation, then it is very corrupt in itself and can be used in unfair competition." Mr. Krasheninnikov hopes that, in proposing to amend the legislation, "the Investigative Committee will not promote amendments that contribute to the growth of corruption." "These should be proposals that are aimed at combating illegal drug trafficking. But in any case, when these bills come to our committee, I will be categorically against them," the head of the committee said.
Mr. Krasheninnikov's position on toughening punishment under "anti-drug" articles is shared by the United Russia faction. As one of its members, who did not wish to give his name, told Kommersant, this position was developed back in early 2005, when the State Duma approved amendments to the Criminal Code and the Criminal Procedure Code, providing for the confiscation of property in relation to persons engaged in terrorist activities and laundering illegally earned money. "An exception was made, but now our position will not be revised," said Kommersant's source. "Confiscation of property contradicts many norms of Russian legislation, including the Civil Code, infringing on the rights of family members of convicted persons."
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